Legislation

download The Representation of the People Act

THE REPRESENTATION OF THE PEOPLE ACT

ARRANGEMENT OF SECTIONS
PART I.
Preliminary
1. Short title.
2. Interpretation.
3. Writs of election.
4. Polling divisions.
PART II.
Franchise and Registration of Electors
5. Registration of electors and voting.
6. Persons in receipt of pay disqualified.
7. Official lists.
8. Manner of preparation of official list.
9. Identification cards.
10. Power of Chief Electoral Officer to require information.
11. Appointment of enumerators.
12. Appointment of scrutineers.
13. Duties of enumerators.
14. Duties of scrutineers.
15. Powers of entry and power to question persons by enumerators.
16. Penalty for obstructing enumerator, etc.
17. Period of validity of official lists.
18. Official list to be supplied to candidates.
PART III.
Electoral Procedure
19. Appointment of polling day.
20. Power to adjourn polling day in event of emergency.
21. Day and place for nomination.
22. Returning officer to give notice of election.
23. Procedure at nomination.
24. Disposal of deposit.
25. Withdrawal of candidates.
26. Procedure on death of nominated candidate.
27. Return by acclamation.
28. Granting of a poll.
29. Establishment of polling stations.
30. Division of lists.
31. Ballot boxes.
32. Supplies of election material.
PART IV.
Procedure on Polling Day
33. Taking of poll and the ballot.
34. Who may vote
35. General mode of taking ballot.
36. Mode of taking ballot in special cases.
37. Ballot papers not to be delivered to electors unless no marks of electoral ink appear on electors.
38. Electors to immerse appropriate digit in electoral ink.
39. Penalty for failure of presiding officer to carry out provisions of sections 37 and 38.
40. Non-application of sections 37, 38 and 39 to electors with no hands.
41. Who may be present.
41A. Outdoor agents.
42. Proceedings before opening of poll.
43. Proceedings at poll.
44. Proceedings after poll.
PART V.
Procedure Subsequent to Polling Day
45. Final count of votes.
46. Provisions applicable where ballot box not returned.
47. Recount by Resident Magistrate.
48. Manner of making recount.
49. Election return.
50. Penalty for delay, neglect or refusal of returning officer to return elected candidate.
51. Custody of ballot boxes.
52. Custody of election documents by Chief Electoral Officer.
PART VI.
Financial Provisions
53. Election agents and sub-agents.
54. Making of contracts and payment of expenses through election agents.
55. Total amount of expenditure that may be incurred.
56. Who may incur election expenditure.
57. Expenditure that may be incurred by candidate.
58. Who may incur expenditure.
59. Consequences of unauthorized expenditure.
60. Election agent to make a return.
61. Period for sending in claims and making payments for election expenses.
PART VII.
Administrative Provisions
62. Chief Electoral Officer.
63. Powers and duties of Chief Electoral Officer.
64. Returning officer.
65. Election clerk.
66. Substitute election clerk.
67. Presiding officer.
68. Poll clerks.
69. Oaths to be taken before Justice, returning officer, presiding officer or poll clerk.
PART VIII.
Election Offences
70. Providing of money for illegal practice or payment to be illegal payment.
71. Use of motor vehicles, etc., for conveying of voters to the poll.
72. Registration of motor vehicles as electoral vehicles.
73. Special provisions relating to urban constituencies.
74. Restriction on user of registered electoral vehicles.
75. Conveyance of non-voters.
76. Power to question passengers and detain vehicles.
77. Maintenance of order at polling stations.
78. Influencing of electors to vote for any candidate.
79. Corrupt withdrawal from a candidature.
80. [Repealed by Act 18 of 1981.]
81. Notice of election meetings.
82. Name and address of printer on placard.
83. Use of committee room in house for sale of intoxicating liquor or refreshment or in elementary school, to be illegal hiring.
84. Certain licensed premises to be closed.
85. Punishment of illegal payment, employment or hiring.
86. Making claim knowing it to be false.
87. Unlawfully obtaining or destroying identification documents.
88. Willfully damaging certain articles and equipment.
88A. Obstruction of election officers, etc.
89. Mutilating or altering notices and lists.
90. False statements before returning officer and false objections by scrutineers.
91. Bribery and treating.
92. Undue influence.
93. Personation.
94. Penalty for bribery, treating, or undue influence.
95. Penalty for personation.
96. Disqualifying effect of conviction for bribery, treating, etc.
97. Illegal practices.
98. Specified misdemeanours under this Act.
99. Duty of secrecy.
100. Offences by election officers.
101. Offences by election agents and candidates.
102. Penalty for participation in election campaign by returning officer or presiding officer.
103. Consequences of illegal practice.
PART IX
Miscellaneous
104. Regulations.
105. Transfer of electors in special cases.
106. Where transferred electors to vote.
107. Validation of certain acts.
108. Military voters list.
109. Special provision relating to Police Constables.
110. Special provision in relation to District Constables.
111. Voters to vote only in division upon list for which their names appear.
112. Military voters.
113. Police and Special Constable electors.

SCHEDULES
THE REPRESENTATION OF THE PEOPLE ACT*
[20th November, 1944.]
Cap. 342.
Law,
55 of 1953,
40 of 1954,
22 of 1957,
30 of 1957,
12 of 1962
S. 215.
Acts
8 of 1963
S. 21,
54 of 1963,
36 of 1965,
3 of 1963,
24 of 1966,
2 of 1967,
37 of 1968,
42 of 1969
3rd Sch.
5 of 1970,
10 of 1972,
11 of 1972
S. 4,
30 of 1975
40 of 1976,
21 of 1979,
13 of 1980,
18 of 1980,
25 of 1980,
5 of 1983,
14 of 1984.
1 of 1989,
20 of 1991.

 

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